Will your will survive your wedding? Here’s what the law says
A recent survey by Will Aid revealed that over 56% of UK adults are unaware that marriage automatically revokes an existing will. If you're planning to marry or have recently tied the knot, there's a strong chance your carefully planned will is no longer valid. This means your assets may not pass as you intended, potentially leaving loved ones without provision and causing family conflict at an already difficult time.
Why your will becomes invalid the moment you marry
When you marry or enter a civil partnership (both are treated identically under the law), your existing will is automatically revoked. There's only one exception: if your will was made "in contemplation of marriage" to your specific partner. This doesn't mean a general intention to marry someday - the will must explicitly name your future spouse and state it was made with that particular marriage in mind.
The case of Court v Despallieres (2009) demonstrates how strictly this rule applies. The deceased had made a will before entering a civil partnership, but because the will didn't name their intended partner, the civil partnership automatically invalidated it. Without a valid will in place, the estate was distributed under intestacy rules rather than according to the deceased's wishes.
This catches many people off guard, particularly cohabiting couples who formalise their relationship and those remarrying with children from previous relationships.
What happens if you die without a valid will
When your will is revoked, you die "intestate" meaning the law, not your wishes, determines who inherits. The intestacy rules follow a rigid hierarchy, starting with your surviving spouse or civil partner.
Imagine you've remarried and have children from your first marriage. You made a will years ago ensuring they'd inherit your home and savings. But the moment you marry your new partner, that will becomes worthless. Under intestacy rules, your current spouse inherits first and depending on the value of your estate, your children may receive far less than you intended - or nothing at all.
The intestacy rules don't recognise stepchildren, unmarried partners or close friends. Any siblings, charities or other beneficiaries you included in your original will have no entitlement whatsoever. All the thoughtful tax planning and financial arrangements you put in place? Gone.
How to protect your family's future
If you're engaged, the ideal time to update your will is before your wedding day. If you've already married and haven't updated your will, you should act as soon as possible.
Professional legal drafting is essential to ensure your will is valid and truly reflects your wishes. This is particularly crucial if you have a blended family you need clear provisions that protect children from previous relationships whilst providing for your new spouse.
The key is ensuring your will accurately reflects your current circumstances and wishes, with clauses that will remain valid after your marriage.
Get expert help with your will
At LCF Law, we know that thinking about death isn't easy, particularly when you're planning a celebration like a wedding. We will review your family circumstances carefully and structure your will so your wishes are carried out and everyone you want to provide for receives their intended share.
Ann Christian is a partner at LCF Law and a member of both the Society of Trust and Estate Practitioners (STEP) and Solicitors for the Elderly. With extensive experience in preparing wills and estate planning, Ann can guide you through the process of protecting your family's future.
Contact Ann on 01943 885 782 or email ku.oc1780759705.fcl@1780759705naits1780759705irhca1780759705 to arrange a consultation. For more information about LCF Law, visit the website.
This article was drafted by Samera Khan, a paralegal in our personal law team.
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